As Amended by House Committee
Session of 2024
HOUSE BILL No. 2669
By Committee on Health and Human Services
Requested by Representative Landwehr
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AN ACT concerning behavioral health; relating to the Kansas department
for aging and disability services; codifying the mental health
intervention team program in state statute; requiring the department to
oversee implementation of the program; establishing structures for
partnership between community mental health centers mental health
intervention team providers and school districts; providing for
coordination of mental health services to students.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 5, and amendments thereto, shall be
known and may be cited as the mental health intervention team program
act.
(b) As used in the mental health intervention team program act:
(1) "Community mental health center" means a center organized
pursuant to article 40 of chapter 19 of the Kansas Statutes Annotated, and
amendments thereto, or a mental health clinic organized pursuant to article
2 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
References to "community mental health center" shall also include other
provider categories as authorized by the department to serve as a
partnering provider under the mental health intervention team program act,
except in section 3(d)(3), and amendments thereto.
(2) "Department" means the Kansas department for aging and
disability services.
(2) "Mental health intervention team provider" means a center
organized pursuant to article 40 of chapter 19 of the Kansas Statutes
Annotated, and amendments thereto, a mental health clinic organized
pursuant to article 2 of chapter 65 of the Kansas Statutes Annotated,
and amendments thereto, or a federally qualified health center as
defined by section 1905(l)(2)(B) of the federal social security act.
"Mental health intervention team provider" includes other provider
categories as authorized by the department to serve as a partnering
provider under the mental health intervention team program act. A
provider under this act shall provide services, including:
(A) Support for students available 24 hours a day, seven days a
week;
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(B) person-centered treatment planning; and
(C) outpatient mental health services.
(3) "School district" means a school district as defined in K.S.A. 72-
5132, and amendments thereto, or "qualified school" as defined in K.S.A.
72-4352, and amendments thereto.
Sec. 2. (a) There is hereby established the mental health intervention
team program. Such program shall be a continuation of the mental health
intervention team pilot program first established pursuant to section 1 of
chapter 57 of the 2018 Session Laws of Kansas and K.S.A. 72-9943 and
continued and expanded through subsequent appropriation acts of the
legislature.
(b) The purposes of the mental health intervention team program are
to:
(1) Provide greater access to behavioral health services for students
enrolled in kindergarten or any of the grades one through 12 and establish
a coherent structure between school districts and community mental health
centers mental health intervention team providers to optimize scarce
behavioral health resources and workforce;
(2) identify students, communicate with families and link students
and their families to the statewide behavioral health systems and resources
within the network of community mental health centers mental health
intervention team providers;
(3) alleviate the shortage of staff with specialized degrees or training
such as school counselors, psychologists and social workers and reduce the
competition for such staff between school districts and other private and
governmental service providers to provide broader-based and collaborative
services to students, especially in rural districts that do not have enough
students to justify a full-time staff position;
(4) provide and coordinate mental health services to students
throughout the calendar year, not only during school hours over nine
months of the school year; and
(5) reduce barriers that families experience to access mental health
services and maintain consistency for a child to attend recurring sessions
and coordination between the child's classroom schedule and the provision
of such services.
(c) The program shall focus on the following students:
(1) Any student who has been adjudicated as a child in need of care
and is in the custody of the secretary for children and families or has been
referred for a families first program or family preservation program; and
(2) any other student who is in need of mental health support
services.
(d) The secretary for aging and disability services shall appoint a
mental health intervention team program manager and, within the limits of
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appropriations therefor, such additional staff as necessary to support such
manager.
Sec. 3. (a) The Kansas department for aging and disability services
shall oversee and implement the mental health intervention team program
in accordance with the requirements of the mental health intervention team
program act and the policies and procedures established by the department
pursuant to such act.
(b) In each school year, the board of education of a school district
may apply to the department to establish or maintain a mental health
intervention team program within such school district. The application
shall be in such form and manner as the department requires and submitted
at a time determined and specified by the department. Each application
submitted by a school district shall specify the community mental health
center mental health intervention team provider that the school intends
to coordinate with to provide school-based services to students who need
assistance during the applicable school year. The school district shall
provide notice to the community mental health center mental health
intervention team provider no later than June 1 of their intent to partner
for the following school year. The Kansas department for aging and
disability services shall establish an application review committee that
shall include representatives from the association of community mental
health centers of Kansas mental health intervention team providers and
the department of education.
(c) (1) If a school district and community mental health center
mental health intervention team provider are approved to establish or
maintain a mental health intervention team program, the school district
shall enter into a memorandum of understanding with a partnering
community mental health center mental health intervention team
provider. If the school district chooses to partner with more than one
community mental health center mental health intervention team
provider, the school district shall enter into a separate memorandum of
understanding with each such community mental health center mental
health intervention team provider. The department may establish
requirements for a memorandum of understanding, including contractual
provisions that are required to be included in each memorandum of
understanding and that are optional and subject to agreement between the
school district and the community mental health center mental health
intervention team provider. Each memorandum of understanding shall be
submitted to the department for final approval.
(2) The department may authorize another category of provider other
than a community mental health center mental health intervention team
provider to serve as a partnering provider under the mental health
intervention team program act. Such category of provider shall provide the
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required services and otherwise meet the requirements of a partnering
community mental health center mental health intervention team
provider under the act. If the department authorizes another category of
provider other than a community mental health center mental health
intervention team provider, the department shall provide notification of
this decision to the community mental health center mental health
intervention team provider that provides services in that county.
(d) (1) Subject to appropriations therefor, a school district and
community mental health center mental health intervention team
provider that have been approved by the department to establish or
maintain a mental health intervention team program shall be eligible to
receive a mental health intervention team program grant and a community
mental health center mental health intervention team provider pass-
through grant.
(A) Except as provided in subsection (e), the amount of a school
district's mental health intervention team program grant shall be
determined in each school year by calculating the total amount of the
salary and fringe benefits paid by the school district to each school liaison.
(B) The amount of a school district's community mental health center
mental health intervention team provider pass-through grant shall be an
amount equal to 50% of the amount of the school district's mental health
intervention team grant. Moneys provided to a school district for the
community mental health center mental health intervention team
provider pass-through grant shall be paid to any community mental health
center mental health intervention team provider that partners with the
school district.
(2) If the amount of appropriations are insufficient to pay in full the
amount of all grants school districts are entitled to receive for the school
year, the department shall prorate the amount appropriated among all
districts. The department shall be responsible for the allocation and
distribution of grants in accordance with appropriation acts. The
department may make grant payments in installments and may provide for
payments in advance or by way of reimbursement and may make any
necessary adjustments for any overpayment to a school district. The
department shall not award any grant to a school district unless such
district has entered into a memorandum of understanding with a partnering
community mental health center mental health intervention team
provider in accordance with subsection (c). Any remaining appropriations
that were not allocated to the mental health intervention team program
shall provide funding in the form of grants from the department to the
association of community mental health centers mental health
intervention team providers of Kansas to fund training for school
districts participating in the mental health intervention team program act.
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(3) The department shall advise and consult with the association of
community mental health centers of Kansas, or any successor organization
thereto representing community mental health centers in the state of
Kansas, seek advice from mental health intervention team providers
prior to awarding any grant under this subsection.
(e) The department may waive the requirement that a school district
employ a school liaison and may instead authorize a community mental
health center mental health intervention team provider that partners
with the school district to employ a school liaison. Such waiver shall only
be granted by the department in limited circumstances. A school district
that is granted a waiver pursuant to this section shall continue to be
eligible to receive the mental health intervention team program grant and
the community mental health center mental health intervention team
provider pass-through grant authorized pursuant to this section. The
amount of the mental health intervention team program grant shall be
determined in the same manner as provided under subsection (d)(1)(A) as
though the school liaison was employed by such school district. Upon
receipt of any moneys awarded pursuant to the mental health intervention
team program grant to any such school district, the school district shall
direct payment of such amount to the community mental health center
mental health intervention team provider that employs the school
liaison.
(f) On or before the first day of the legislative session of 2025, and on
or before the first day of each legislative session thereafter, the department
shall prepare and submit a report on the mental health intervention team
program for the preceding school year to the house of representatives
standing committees on appropriations, social services budget and health
and human services, or their successor committees, and the senate standing
committees on ways and means, ways and means subcommittee on human
services and public health and welfare, or their successor committees.
Such report shall provide a summary of the program, including, but not
limited to, the school districts that applied to participate or continued
participating under the program, the participating community mental
health centers mental health intervention team providers, the grant
amount each such school district received and the payments made by
school districts from the mental health intervention team program fund of
each school district.
Sec. 4. (a) The staff required for the establishment and maintenance
of a mental health intervention team program shall include a combination
of one or more behavioral health liaisons employed by the school district
and one or more case managers and therapists licensed by the behavioral
sciences regulatory board who are employed by the partnering community
mental health center mental health intervention team provider. All staff
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working together under a school district's program shall be known as the
mental health intervention team of the school district.
(b) The school district and the community mental health center
mental health intervention team provider shall cooperate and work
together to identify needs specific to the students in the school district, and
the families of such students and shall develop an action plan to implement
a school-based program that is tailored to such needs.
(c) A school district that participates in the program shall employ one
or more school liaisons who will help students in need and coordinate
services between the school district, the student, the student's family and
the community mental health center mental health intervention team
provider. A school liaison shall have a bachelor's degree in any field of
study. A school liaison's roles and responsibilities include, but are not
limited to:
(1) Identifying appropriate student referrals for the team to engage
with;
(2) act as a liaison between the school district and the community
mental health center mental health intervention team provider and be
the primary point of contact for communications between the school
district and the community mental health center mental health
intervention team provider;
(3) assist with community mental health center mental health
intervention team provider staff understanding of the school district's
system and procedures including the school calendar, professional
development, drills and crisis plan protocols;
(4) triage prospective student referrals and help decide how to
prioritize interventions;
(5) help the community mental health center mental health
intervention team provider and other school personnel understand the
roles and responsibilities of the mental health intervention team;
(6) facilitate communications and connections between families of
identified students and the community mental health center's mental
health intervention team provider's staff;
(7) coordinate a student's treatment schedule with building
administrators and classroom teachers, to optimize clinical therapist's
productivity;
(8) troubleshoot problems that arise and work with the community
mental health center mental health intervention team provider to
resolve such problems;
(9) track and compile outcomes to monitor the effectiveness of the
program;
(10) maintain and update the department of education mental health
intervention team database as directed by the department and required by
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this section;
(11) follow up with child welfare contacts if a student has moved
schools to get the child's educational history;
(12) be an active part of the school intervention team and relay
information back to community mental health center mental health
intervention team provider staff, including student observations,
intervention feedback from teachers, communications with family and
other relevant information;
(13) work with school administration to identify and provide
confidential space for a community mental health center mental health
intervention team provider therapist;
(14) assist in planning continuity of care through summer services;
and
(15) submit an annual report to the department of aging and disability
services on how the liaison complied with the required roles and
responsibilities.
(d) Within the scope of employment by a school district, an
individual employed as a school liaison shall primarily perform roles and
responsibilities that are related to the school liaison position as described
in this section.
(e) Once the initial referral has been completed for a student, all
relevant information shall be entered into the database within 14 calendar
days.
(f) A community mental health center mental health intervention
team provider that partners with a school district shall employ one or
more therapists licensed by the behavioral sciences regulatory board who
will collaborate with the school district to assist students in need and
provide services to such students under the program. A therapist's roles and
responsibilities under the program include, but are not limited to:
(1) Assist the school liaison with the identification of appropriate
student referrals to the program;
(2) triage student referrals with the school liaison to prioritize
treatment interventions for identified students;
(3) work with the school liaison to connect with families or child
welfare contacts to obtain consent to commence treatment;
(4) conduct a clinical assessment of the identified student and make
appropriate treatment recommendations;
(5) engage with the student, family or child welfare contacts in
clinical interventions as identified on the treatment plan and provide
individual and family therapy;
(6) administer scales or tests to detect areas of concern with
depression, anxiety, self-harm or other areas as identified;
(7) make referrals to other treatment modalities as appropriate;
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(8) communicate educationally appropriate information to the school
liaison, such as interventions and strategies for use by classroom and
school staff;
(9) gather outcome data to monitor the effectiveness of the program;
(10) coordinate with the case manager to identify ways to support the
student and family;
(11) provide therapy services as determined by the students' treatment
plan; and
(12) maintain the treatment plan and necessary treatment protocols
required by the community mental health center mental health
intervention team provider.
(g) A community mental health center mental health intervention
team provider that partners with a school district shall employ one or
more case managers who will collaborate with the school district to assist
students in need and to coordinate services under the program. A case
manager's roles and responsibilities under the program include, but are not
limited to:
(1) Work with the school liaison and clinical therapist to identify
students and triage priorities for treatment;
(2) provide outreach to students, families and child welfare contacts
to help engage in treatment;
(3) participate in the treatment planning process;
(4) communicate with the school liaison and other school district
personnel about student needs, interventions and progress;
(5) help maintain communication between all entities, including the
family, student, school, clinical therapist, child welfare contacts and the
community;
(6) maintain the treatment plan and necessary treatment protocols
required by the community mental health center mental health
intervention team provider;
(7) make referrals to appropriate community resources;
(8) help reconnect students and families when they are not following
through with the treatment process;
(9) help families negotiate barriers to treatment; and
(10) engage with the student in the classroom, the home or the
community to help build skills wherever needed.
Sec. 5. (a) There is hereby established in each school district a fund
called the mental health intervention team program fund. All moneys
received by a school district for the mental health intervention team
program grant or the community mental health center mental health
intervention team provider pass-through grant awarded pursuant to
section 3, and amendments thereto, shall be credited to the the mental
health intervention team program fund. Moneys in such fund shall be used
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by a school district to:
(1) Pay for the expenditures that are attributable to the salary and
fringe benefits of any school liaison employed by the school district
pursuant to the mental health intervention team program; and
(2) provide payment to each partnering community mental health
center mental health intervention team provider in an amount equal to
the community mental health center mental health intervention team
provider pass-through grant received by the school district.
(b) The school district shall keep separate accounting records for the
school liaison expenditures and the pass-through grants to community
mental health centers mental health intervention team providers.
(c) Twice per year, beginning in 2025, the department shall publish
on its website an aggregated report of outcomes achieved, numbers served
and associated information by the mental health intervention team
program.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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